CHIEF JUSTICE OF NIGERIA ADVICES POLITITIANS

The Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed has admonished politicians, most especially Heads of Government, to refrain from disparaging the integrity and reputation of the judiciary.
This is against the backdrop of negative reactions to the decision of electoral tribunals over some governorships, as well as National and State Assembly contests where some politicians, particularly governors and lawyers, alleged that some unfavorable verdicts were influenced by money and political pressure.

Justice Mohammed declared the fight against corruption to be a collective responsibility especially amongst public officials, particularly the state governors, who are supposed to be the chief security officers of their respective domains.

He pointed out that it is not enough to say the judiciary is corrupt or that that a judge was bribed to deliver a judgement, while turning the other way while thugs enter courts to beat up judges, tear up court processes and bomb the courts to prevent the delivery of some judgements.

The CJN noted that corruption is a common denominator being experienced by all sections of government.  As such, each head of government should look inward to devise strategies that will clear the Augean stables of corruption, he challenged.

Justice Mohammed urged state governors and other public office holders to be sincere in the fight against corruption, stressing that action speaks louder than words.

He added that where proven allegations of fraud are made against judges or court staff, it would be more productive to report same to the National Judicial Council, which is the body constitutionally mandated to look into such matters. The CJN also emphasized that once such matters were duly brought before the council, proactive, decisive and just investigation and sanction will take place.

He reiterated that the Judiciary is an impartial and largely incorruptible institution, the last hope of the common man and the blind dispenser of justice without fear or favor, affection or ill-will.

A mysterious flesh eating virus Shocks doctors

A man with a face that has been partially destroyed by a mysterious flesh-eating bacteria shocked doctors all around Asia.
Huynh Van Dat, 51, is suffering from the unknown virus for more that ten years and now the inexplicable disease reached the final stage. The bacteria has completely devoured the front of his face, including his mouth, ears, cheek bones and both eyes.

Doctors from all over the country have examined Dat but none have been able to stop the flesh-eating virus
The distressing footage, which is making rounds on the Internet, shows Dat sitting on a stool as a doctor examines the large open wound on the side of his face. The video is believed to have been recored several years ago, as now the man’s condition has seriously deteriorated.
Doctors from all over the country have examined Dat but none have been able to stop the flesh-eating virus
The distressing footage, which is making rounds on the Internet, shows Dat sitting on a stool as a doctor examines the large open wound on the side of his face. The video is believed to have been recorded several years ago, as now the man’s condition has seriously deteriorated.
He is confined to a bed and can no longer eat properly, speak or see
He is constantly in agonising pain, unable to eat properly and can barely communicate. However, he is sane and well aware of what is going on with his face and body. His wife Huynh Thi Trieu said that their family couldn’t afford to take him to hospital and added:
Dat’s mind is still perfectly strong and he’s fully aware of what’s going on

“The disease, which started with a hole in his nose, simply grew and it ate his nose, upper jaw and his eyes. There is no bleeding, but when he could still talk he told us it was incredibly painful. He was taking traditional medicines but they didn’t make any difference, and then he also started to have problems with his eyes which were constantly watering.”
Dat spends his days helplessly lying in his bed

And while doctors all around Vietnam are searching for a cure, Dat spends his days helplessly lying in his bed. Since Dat’s story appeared in the local media, a group of doctors have promised to do w

hat they could to relieve his pain and suffering. Unfortunately, Dat’s treatment plan was not revealed and his current condition is unknown.

MTN Nigeria to pay N5.2bn fine.

A confidential document obtained within Nigeria's Communications Commission (NCC) shows that MTN Nigeria, the telecom giant which was fined a massive $5.2bn yesterday, is a serial offender of regulations in the industry, and explains how the staggering figure was arrived at.

MTN Sim Card


The fine, which MTN says it is studying, is a punishment for non-compliance with a deadline set by the NCC to disconnect all non-registered sim cards.

The document explains that the punishment follows a review of the registration records of all the telecom operators,and having taken into consideration their compliance records, the agency imposed a fine on MTN alone for non-compliance on SIM registration.

“The fine of N1,040 billion is in line with Section 19 of the SIM Registration Regulations specifying  N200,000 per unregistered SIM and the penalty has been applied for the 5.2m MTN SIM card registration records found to be non-compliant by the NCC,” the document says.  “This unprecedented fine is indicative of the magnitude of the transgression and the seriousness with which the NCC and the authorities are approaching this issue. It is also more likely to ensure that the wilful non-compliance by MTN ceases.”

The document shows that as far back as May 2010, all local telecommunications operators were required to commence the collection of biometric and non-biometric personal information for each new subscriber in an effort to improve information gathering towards enhancing national security. The initiative was at the instance of the Office of the National Security Adviser in collaboration with other security agencies and the NCC.

The SIM Registration Regulations came into force on November 7, 2011, and exactly two years later, operators were directed to fully bar any newly registered SIM card which failed to perform a voice or data communication within 48 hours of its registration.

The document shows that the NCC and security agencies conducted a compliance audit on all operators in August this year following expiry of the deadline of August 11, for deactivation of improperly registered SIM cards.

“The NCC disclosed, at Press Conference on August 17, 2015, that despite sharing a list of invalid registration details with operators, MTN had made little or no effort towards compliance with the deactivation directive whilst other operators had largely complied.”

The document further shows that last month, an unprecedented high level meeting chaired by the Chief of Staff was called at the presidential villa, bringing the telecom CEOs face-to-face with the heads of the main security agencies and the NCC, for the purpose of emphasizing compliance with the deactivation directive.

“The Chief of Staff implored operators to take the matter seriously noting that (i) security and safety of the people is No. 1 on the president agenda; (ii) 70% of kidnappings, violent crimes and insurgence are facilitated using unregistered SIM cards making it impossible to trace the perpetrators; (iii) government supports the private sector but companies must  operate within the law; (iv) in other countries heavy fines are levied on the private sector for non-compliance (e.g. JP Morgan’s $20bn fine),” it said.

“It was also agreed that (i) operators were to immediately reconcile the records of their deactivations against the list of invalid registrations earlier shared with operators by the NCC by September 7, 2015; and (ii) a penalty of N200, 000 per unregistered / poorly registered SIM would be imposed as stipulated in the SIM Registration Regulations 2011.”

The document notes that despite all of those efforts, MTN failed to comply with the directive to deactivate improperly registered subscribers.

“The NCC and security agencies informed the public during a press conference held on August 18, 2015, that, as at the expiration of the 7-day deactivation deadline ending on August 11, 2015, MTN had failed to fully deactivate any subscriber,” and following repeated warnings and compliance enforcement visits by the responsible authorities only made a partial attempt to bar unregistered subscribers in selected areas over a few days in September 2015. Other operators had fully complied and reconciled their deactivations with the invalid registrations shared by the NCC up to 4 weeks earlier.

“The consequence of MTNs refusal to comply with the directive is even more pronounced as fully half of all the invalid registrations shared by the NCC belonged to MTN,” the document shows.  “These SIM cards with invalid registrations pose a grave security risk to the country as their registration information cannot be used to successfully identify their owners in the event of a security issue involving any of these SIM cards.  The recent kidnapping of the former finance minister Chief Olu Falae is one example of this risk; the kidnappers used MTN SIM cards and MTN was unable to provide any registration data for those SIMs.”

The document further reveals that MTN’s non-compliance with the deactivation directive, rather than being an isolated incident, must be seen as part of a general pattern of non-compliance, with regulatory directives that actually predates the current SIM registration infractions.  It cites many examples of violations and non-compliance, beginning in November 2012, to buttress this point.

“As it stands today MTN’s persistent violations have forced the NCC to impose the unprecedented sanction of suspending all regulatory services to MTN following its accumulation of over 28 separate and proven infractions,” it says.

New Music : Akunatakasi by Kelly Hansome

Maga Music presents Kelly Hansome in this new tune titled “Akunatakasi”. 

The tune is said to be a soundtrack of a movie by Charles which is yet to drop

The production credit goes to Otyno & Kelly Hansome for UglyBeatz.

Download Song here

Wike and 20 other Lawmakers in Rivers State dismissed

Elections petition tribunals sitting in Abuja have nullified the election of the Speaker, Owaji Ibani from Andoni constituency and 20 lawmakers in Rivers state house of assembly. The lawmakers were elected on the platform of the Peoples Democratic Party on April 11 2015 in an election marred by vote rigging and violence.
The judgements given today by the relevant tribunals in Abuja is bound to compound the case of the governor of the state, Nyesom Wike, who was sacked last week by a tribunal under the same circumstances. There are 32 state lawmakers in Rivers state with the election of 21 members nullified the state assembly will no longer form a quorum as  to continue to function.


 More details shortly...

Pro-Biafra Activists Tear Nigerian Passports

Some Biafra secessionists have torn their Nigerian passports to press home their demand for the breakaway of the South-East from the Nigerian state. 

As of Saturday, no fewer than three videos were seen on the online video sharing platform, YouTube, in which some Igbo denounced their citizenship of the country and declared their allegiance to Biafra.
The Nigeria Immigration Service has, however, warned that such act is criminal and attracts a jail term.

In one of the videos, the man introduced himself as Emenike Michael Nwofor.
He said, “My names are (sic) Emenike Michael Nwaofor. I’m from Nnewi in Biafra land; when there was Biafra, there wasn’t anything called Anambra State. I would refuse to add that name called Anambra State to it. I am from Nnewi, the former Enugu State.
“I am living here in Bordeaux (France); I am an asylum seeker in Bordeaux. I have been around Bordeaux for a year plus and we have been able to gather the Biafran family here in France; we have been able to register with the government of France as indigenous people of Biafra.”
After a long speech, he subsequently brought out his Nigerian passport and tore the pages.
In another video, a young man, who did not mention his name, also tore his Nigerian passport angrily.
In the third video, the man, who spoke in Igbo and French, tore his passport while using derogatory words on the government of Nigeria.
The Public Relations Officer of the NIS, Deputy Comptroller Ekpedeme King, while reacting to the development in an interview with our correspondent on Saturday, said the service was not aware of the passport tearing.
King said, “There is a new Act called the Immigration Act 2015 which stipulates the punishment for any alteration or destruction of Nigerian passport; it is a jail term with conditions.
“Those who mentioned their names, if we find out that they tore their passports, will be taken to court. A process has to be followed.”
Checks by our correspondents showed that the Immigration Act 2015, among other conditions, states, “Altering existing travel documents renders the holder on conviction of a two million naira fine and/or imprisonment for a term of three years.”
The Department of State Services had reportedly arrested and detained the founder of the guerrilla broadcasting channel, Radio Biafra, Nnamdi Kanu, at the Murtala Muhammed International Airport Lagos on his arrival from London recently.
The Nigerian Police had also arrested and arraigned many members of the Movement for the Actualisation of the Sovereign State of Biafra and other secessionist groups recently.
Thousands of members and supporters of MASSOB had last Tuesday embarked on a protest in Port Harcourt, the Rivers State capital, demanding to break away from Nigeria.
In a swift reaction, governors in the South-East and other leaders in the zone had dissociated themselves from the protests, saying they were not in support of the group.
A former Head of State, Gen. Yakubu Gowon (retd.), while speaking to Channels TV on Friday during his visit to Nasarawa State, had said the resurgence of a group claiming to be Pro-Biafra would not in any way pose a threat to the sovereignty of the country.

University of Jos ; Shut down indefinite!

The University of Jos (UNIJOS), Plateau state has been shut down indefinitely! Why?

The Nation reports that the lecturers of the institution commenced the industrial action to press home their demands for improved working conditions.

In a statement signed by Prof F. C. Piwuna, the Chairman of the university’s chapter of the Academic Staff Union of Universities (ASUU), on Friday in Jos, the union’s national body is in the know of their actions.
The statement read: “the NEC of ASUU has approved our request for total, indefinte and comprehensive strike starting immediately.

“It means that all activities — teaching, supervision, examination as well as statutory and ad hoc committee meetings — have been suspended.”

In a brief chat this afternoon, the national treasurer of the union, Dr Ademola Aremu informed that the school management deserves the action meted out by the lecturers, because they had continued to renege on the promises they made to their academic staff.

He noted with disappointment also, that “there are so many welfare issues concerning the academic staff and the management has not listened to all of them.

“There is the issue of house allowances, among other issues. The lecturers have met the administration and they (institution) agreed that they defaulted.

“For about one and a half years, these issues have been ongoing and there has not been anything the institution has done about it. They have been promising but have not done anything about it ever since.”

Dr Aremu therefore informed that the strike action, as he had earlier stated, will go on for as long as the school management keeps giving excuses to the academic staff.

R. Kelly's Backyard party with Snoop

R. Kelly crafted a summer anthem with “Backyard Party,” a breezy funk song about cookouts, backyards, and friends. Now he keeps the summer vibes coming with the video, which takes place in Kelly’s luxurious mansion in Chicago. Kellz, rocking his Bulls attire, kicks back by the pool with hordes of women, enjoying rides in golf carts, card games, and plenty of barbecue, while Snoop Dogg and Chance the Rapper make cameos. Kellz also previews “Marching Band,” one of 462 songs he recorded for his upcoming album The Buffet, which is set to drop Nov. 20. “I’ve always wanted to do different types of music and different characters, and this album gave me the chance to do that,” Kelly told EW. “I absolutely think that the audience is expecting the sexual R. Kelly, the steppin’ R. Kelly, maybe a bit of the ‘I Believe I Can Fly’ R. Kelly. They’ve been spoiled for twenty-something years. I don’t want fans mad at me, so I gotta give them what they expect and what they want.

Alamiesigha Dead at 62

Chief Alamieyeseigha reportedly died of cardiac arrest at the University of Port Harcourt Teaching Hospital, after slipping into coma two days ago and was placed on life support.

The Bayelsa State Commissioner for Information, Esueme Dan-Kikili, who confirmed the death said that the death of the former governor was a great loss to the Ijaw ethnic group.

There were reports during the week that the British Government was determined to resurrect an outstanding case of money laundering against the former governor and had requested for his extradition to London.

Alamieyeseigha, who was facing money laundering charges, jumped bail and returned to Nigeria and has since then refused to answer summons for trial to continue.

According to his Wikipedia page, Diepreye Alamieyeseigha was born on November 16, 1952 in Amassoma, Ogboin North Local Government Area, Bayelsa State and had his secondary school education at the Bishop Dimeari Grammar School, Yenagoa.

He joined the Nigerian Defence Academy as a Cadet Officer in 1974, and was enlisted in the Nigerian Air Force, where he served in the department of Logistics and Supply.

Before retiring from the Air Force in 1992 as a Squadron Leader, he had served in Enugu, Markurdi, Kaduna and Ikeja.

He became the Sole Administrator of Pabod Supplies Port Harcourt and later Head of Budget, Planning, Research and Development of the National Fertiliser Company (NAFCON).

Diepreye Alamieyeseigha was Governor of Bayelsa State in Nigeria from May 29, 1999 to December 9, 2005. He was  impeached on allegations of corruption.

Davido's Acting Debut "JOHN ZEREBE" a movie directed by Odiba Alfred

Davido is taking his talents to the movie screens it seems. HKN and Viral Entertainment have released the trailer for its upcoming movie ‘John Zerebe,’ which also stars Gloria Young, Ikey Ojeogwu, Kanfui Danku, Emma Blaq, Mimi Orjiekwe among others. Produced by Ojeogwu, the movie is directed by Odiba Alfred
Davido wont be the first musician going nollywood. Evaezi, Eldee, Waje and Omawumi have also dabbled their hands in acting over the past few years. Synopsis. ‘John Zerebe’ revolves around the son of a modest middle income pentecostal pastors. John is a smart and daring young man, whose desires in life are a sharp contrast to the doctrines preached by his father from the pulpit every Sunday. John’s wanton lust for wealth and material abundance forms the pivot upon which this drama unfolds

View Trailer

"DOES IT MAKE SENSE TO SURROUND YOURSELF WITH THE SAME PEOPLE? #LETTER TO GMB - SHEKARAU

Ex-Minister of Education Mallam Ibrahim Shekarau is one of the many Nigerians not cool with adage that says keep your friends close and your enemies closer. In an interview with Vanguard, he pronounced the history of PDP in brief with raised eye brows asking why the President who is of the APC party with good knowledge of the capabilities of the PDP head men surrounds himself with PDP chieftains as advisers.. Here is his short letter to the president via his interview
Home Social Issues News Social IssuesNews #LetterToBuhari Does It Make Sense To Surround Yourself With PDP Thieves? – Shekarau By Bilo -Oct 7, 20150 Ex-Minister of Education Mallam Ibrahim Shekarau is one of the many Nigerians not cool with adage that says keep your friends close and your enemies closer. In an interview with Vanguard, he pronounced the history of PDP in brief with raised eye brows asking why the President who is of the APC party with good knowledge of the capabilities of the PDP head men surrounds himself with PDP chieftains as advisers.. Here is his short letter to the president via his interview with Vanguard; “Buhari has said that he has come to right the wrongs of 16-year mess by the PDP.  So, I said, ‘Mr. President you are welcome, but be reminded that 10 of those 16 years belong to ex-President Obasanjo.’ He had his eight years and by indirect remote control, two years of late President Umaru Yar’Adua was Obasanjo’s. And Obasanjo was the one who produced Yar’Adua and Jonathan. Until three years ago when they fell out (Obasanjo and Jonathan), Obasanjo was in charge. Obasanjo today belongs to those who are chief advisers to President Muhammadu Buhari. Governor of Kaduna State, Mallam Nasiru  El-Rufai, was one of the major hit men of Obasanjo, my former governor, Rabiu Kwankwaso, was one of the boys of Obasanjo as well as former Governors Bukola Saraki, Goje and all the rest of them. They were part of those 16 years which President Buhari was saying that PDP messed up Nigeria, and today because they are APC, they are saints. They are now surrounding the President as his chief advisers. The Amaechis are all part of the PDP. All the election crisis that President Buhari was accusing PDP of perpetrating were a creation of these people, the same who are with him now. So what sense does it make that I said you are thief for 16 years, I have come to correct the wrongs that you did and now I am calling you the chief adviser in order to right the wrongs that you committed. Does it make sense? We are waiting to see how they will come out of this.”

FCMB Threatens Libel Lawsuit against Fraud "Claim"

FCMB's Monumental Bank Fraud: FCMB Now Threatens Libel Lawsuit Against Fraud “Claim”

FCMB displays its arrogance and contempt for Nigerian Justice: Though FCMB is being prosecuted in Lagos High Court for crimes of theft, forgery and perjury against its customer; and despite Lagos High Court ruling that FCMB fraudulently misled its customer and fraudulently concealed its customer's funds; FCMB nevertheless threatens to crush its customer with a libel suit for daring to complain! Why does FCMB believe it is above the Law?

• There have been more developments in the on-going legal battle between FCMB and its corporate customer.  FCMB has put out an advertorial in the Punch newspaper.  FCMB complains that its customer has made “certain claims” on Sahara Reporters and that:

1. these “claims” are “libellous”, and that FCMB’s lawyers will be taking “appropriate legal action”;
2. these “claims” are all “sub judice” so FCMB cannot say anything outside the Law Courts but that they “hope to speak more elaborately on this matter [but only] in the fullness of time”;
3. FCMB “remains committed” to “ethical and professional” banking; and anyway, FCMB is only involved in these matters because of its merger with FinBank.

• So, what are these “certain claims” made by FCMB’s customer?  And why do they cause FCMB to threaten a libel lawsuit and declaim that the bank “remains committed” to “ethical and professional” banking?
• Well, the customer essentially made four so-called “claims” against FCMB:

1. that FCMB placed the customer in receivership over an alleged debt of ₦465.6 million; collected all of the alleged debt and then hundreds of millions of Naira over and above the alleged debt; but concealed these collections and unlawfully kept the customer in receivership for nearly 2 1/2 years;
2. that what FCMB did was fraudulent;
3. that in a separate English court case FCMB denied diverting $3.5 million of the customer’s money but this denial was exposed as false; and
4. that FCMB has been charged with three counts of theft, forgery and perjury in the Lagos State High Court under suit no. LCD/168/2011.

• So, the question may be asked, which of these so-called “claims” relates to matters which are sub judice and which of them is libellous?
• The short answer is none whatsoever and none whatsoever.
• How so?  Well, what FCMB conveniently “forgot” to mention in its Punch advertorial is that of the first three “certain claims” listed above, each and every one is supported by Rulings of a High Court.  As FCMB well knows once a court has made a ruling there can be no issue of sub judice and there can be no issue of libel.  Moreover, as FCMB well knows, under article 39 of Nigeria’s Constitution every Nigerian is guaranteed freedom of speech so the old English rules of sub judice evidently cannot restrict a Nigerian’s right to speak freely.
• As for the fourth so called “claim” – that Lagos State has brought criminal charges against FCMB for theft, forgery and perjury – that is simply a fact and no mere claim.  And if FCMB wishes to bring a libel lawsuit against its customer for reporting this fact then so be it.  FCMB has already brought no less than four bogus libel lawsuits against its customer and has pursued these lawsuits despite its own lawyer’s advice that it has no valid claim.  So this newly threatened libel suit would merely be the fifth in line and just another example of FCMB’s abuse of the Nigerian legal system.
• Let us start with the first of the “certain claims” listed above – i.e. that FCMB put its customer into receivership and then collected hundreds of millions of Naira over and above what it claimed to be owed.  This is what the Federal High Court of Nigeria had to say about this matter in a Ruling delivered back in 2007:

“In the matter on hand, the claim of the Plaintiff/Respondent [i.e. the customer] that the debt owed to the 2nd Defendant [i.e. FCMB] over which Receivers/Managers were appointed was ₦465,635,070.16 whereas the Receivers had realized on the account of the Plaintiff the sum of ₦781,455,166 is uncontroverted.”

“It has also been shown to Court that the Receivers had in fact realized more than the debt that [they] were appointed for.”

A full copy of the Court Ruling is published here.  The suit no. is FHC/CS/721/05.  This Ruling has never been appealed by FCMB.  FCMB has never taken issue with, or publicly objected to, the Ruling.  The underlying lawsuit itself has been terminated by court order but the Ruling remains unaffected by that order.  The Ruling stands and remains part of the permanent record of the Federal High Court.  Anyone who can read English and who can do arithmetic will know by reading the Ruling that the Federal High Court stated that FinBank (now part of FCMB) recovered over ₦300 million in excess of the alleged debt of ₦465.6 million.  And anyone who has ethics and professionalism knows that a banker who recovers money in excess of a debt must return this excess to his customer.  Indeed anyone who has ethics and professionalism would know that it is fraudulent for a banker to conceal an excess recovery from his customer and fail to return such excess. 

                                          Ladi Balogun, CEO of FCMB

• The public may well ask themselves, if the Federal High Court made such a ruling eight whole years ago, then after all this time why has FCMB not returned this ₦300 million excess to its customer?  Well might the public ask, if FCMB has such contempt for the authority of the Federal High Court such that it feels free to disregard Rulings of the Court (when it means returning money to a customer), then why does it pretend to care about the principle of sub judice (when it means having to explain inconvenient behaviour) and to invoke sub judice when it does not even apply?  Indeed, one might also ask, where is the libel in a customer saying what has already been said eight years ago by the Federal High Court?
• What then of the second of the “certain claims” listed above – i.e. that FCMB’s collection of hundreds of millions of Naira over and above what it was allegedly owed was a fraud?  Well, this is what the Lagos State High Court of Nigeria had to say about this matter in a Ruling delivered back in 2010:

“I have also carefully considered the affidavit in support of the application by the Defendant [i.e. FCMB], it is my view that there is evidence of fraudulent misrepresentation, concealment of facts [by FCMB] affording the Claimants/Respondent [i.e. the customer] grounds for setting aside the consent judgment…”

A full copy of the Court Ruling is again published here.  The suit no. is LD/1668/2009.  Anyone who can read English will understand by reading the Ruling that the Judge stated that FinBank (now FCMB) made fraudulent misrepresentations to, and fraudulently concealed facts from, its customer.  Fraud is a very serious matter.  By the rules, a Judge cannot make a finding of fraud unless sure beyond reasonable doubt; so for the Judge to have made such a Ruling shows that evidence of the bank’s fraud was clear beyond reasonable doubt.  FCMB appealed the Ruling to the Court of Appeal but its appeal was dismissed.  Evidently, FCMB would not have appealed the Ruling if it had not believed and understood that the implications of the Ruling were extremely grave and damaging.  But having lost the appeal, FCMB obviously knows and understands that the Ruling of its fraudulent conduct is now part of the permanent record of the Lagos State High Court.  Any member of the public is free to say that FCMB has behaved fraudulently.  Such member of the public is free to say so because that is what the Lagos State High Court ruled.

• Now nobody really needs to be told that for a bank to conceal over ₦300 million of its customer’s money is a fraud.  But well might the public now ask: having been told for the first time in 2007 by the High Court that the customer does not owe any money and then having been told for a second time in 2010 by the High Court, not only that the customer does not owe money but that it was fraudulent of the bank to make such claims, why does FCMB still show contempt for the authority of the Federal and Lagos State High Courts?  Why does FCMB continue to dishonestly assert that its customer owes money?  More to the point, why does FCMB not simply return its customer’s money?  What does all this fine talk of ethics and professionalism really mean to FCMB?
• It may now be seen that when the customer says it has been defrauded it is not simply a matter of cheap talk.  It is not a matter of making mere “claims” as FCMB pretends.  When the customer says that FCMB recovered hundreds of millions of Naira over and above what was alleged to be owed, that FCMB has not accounted for this money and that FCMB defrauded the customer, these statements are backed by the full authority of Rulings given the Federal and Lagos State High Courts in 2007 and 2010.  FCMB knows and understands perfectly well that all the talk of sub judice and libel is nothing more than just that - talk.
• What, then, of FCMB’s excuse that it inherited all of these matters through merger with FinBank?  Does that absolve FCMB of responsibility in the matter?  All we will say is this: suppose that in times gone by a man inherits a slave.  The man knows that his slave is already fighting for his freedom in court.  The man could easily renounce his inheritance and give the slave his freedom but chooses not to.  Indeed, rather than renouncing his inheritance he continues to fight in court against the slave’s freedom, all the while publicly stating that he is “against” slavery.  Several years go by and the court case drags on.  The man is of course perfectly happy with this situation as he continues to profit from his slave’s labour while his slave ( who by definition has limited funds) struggles to sustain his court bid for freedom.  Then one day while relaxing in the public square the man overhears a citizen describe him as a slave owner.  The man indignantly proclaims to all in the public square that he is “against” slavery and anyway these are “complicated” matters which arose out of an inheritance.  What is one to make of this man?  Is it that the man cannot recognise slavery when he sees it so requires a court to tell him that he in fact owns a slave?  Or, perhaps, is the real explanation as simple as that the man thinks he is wise and everyone else in the public square is a fool?
• The third so called “claim” that the customer made was that FCMB falsely denied receiving $3.5 million of the customer’s money and that this false denial was exposed.  Like the others, this is no mere “claim” but a statement supported by a Ruling of a High Court, in this case the English High Court.  As before we believe that the facts should speak for themselves.  Accordingly, a copy of the English Ruling is also published here.  The case no. is HC13E04381.  This is what the Judge had to say regarding FCMB’s false denials of receipt:

“89.  Ultimately, the case of Zumax is, and has always been, very simple. Monies were transferred to the accounts of IMB/IMB Morgan but were never subsequently received by Zumax. FCMB had asserted that the monies were never received in the accounts of IMB/IMB Morgan but that was plainly wrong. The transfers took place in this jurisdiction.”

“94.  The difficulty with these submissions, like so much else of FCMB’s case, is that it is somewhat unreal. FCMB had initially vigorously asserted that Zumax had received the monies in question, and that Zumax knew this very well. That turned out to be entirely wrong. A number of defences [FCMB] raised in the course of evidence or argument appeared equally misconceived.”

And this is what the Judge had to say about the credibility of FCMB’s whole case:

“95.  I am afraid that I ended up having no confidence that the matters raised by FCMB would be ultimately relevant to determination of the proceedings and increasingly formed the view that FCMB were willing to take any point to avoid a judgment, and that no proper sifting process had been carried out to determine whether any of the points raised were factually correct, relevant or arguable.”

• English Judges are known for their understatement.  When someone is caught lying they say his statement was “wrong”.  So when an English Judge states that he doubts a person’s statements are “factually correct” and that he believes the person is “taking any point to avoid judgment” you can be sure that he has lost all confidence in the person’s credibility.  The reader may wish to be reminded here that these judicial observations are made of what is actually a bank and not a mere “area boy” of the kind to be found loafing around Tinubu Square in Lagos.  Most importantly, it should be noted that all of the observations made by the Judge relate to actions by FCMB’s current management.
• The sad fact of the matter is that for FCMB this is all nothing more than a game to be played out through obfuscation and obstruction.  FCMB’s cynical calculation is that so long as it can prevent the Courts and the wider public from knowing what has really happened, then all it need do is keep loudly proclaiming that it is a bank of “ethics and professionalism”.  After all, who would one normally believe, the “word” of “big men” running a “big bank” which is listed on the Nigerian Stock Exchange and licensed by the Central Bank of Nigeria, or the word of a mere customer?  What we say is there is a better way to determine the truth of this matter.  All one needs to do is compare the “word” of the “big men” at the “big bank” against the word of (1) the Federal High Court, (2) the Lagos State High Court and (3) the English High Court, and then judge for one’s self.
• Here is the reality of FCMB’s conduct.  We have seen that in 2007 the Federal High Court ruled clearly that the customer owes no money to the bank.  Yet in 2009 FCMB went to the Lagos State High Court, swore on oath that the customer owed it money, and on the strength of this falsehood obtained a Court Order freezing all of the customer’s assets, including bank accounts.  The customer could not withdraw any money to pay rent, buy diesel, pay its lawyers or do anything.  The bank’s clear intention was to asphyxiate its customer.  With the customer dead and buried the court case against the bank would also be buried, and then the bank would simply walk away from its fraud.  So as to guarantee the success of the planned execution, on top of the asset freeze Order the bank also obtained garnishee Orders from the High Court which it served on every major bank and every major oil company in Nigeria.  The effect of the garnishee Orders was twofold.  Firstly, it meant that any money owed to the customer would be diverted to FCMB – i.e. the customer would be cut off from all possible lines of finance.  And secondly, by painting the customer as a defaulter, the customer’s commercial reputation with banks and the Nigerian oil industry would be destroyed – hence no possibility of bank loans in the future and no possibility of employment in the future.
• Now, we have also seen that in 2010 the Lagos State High Court ruled that FCMB’s conduct was fraudulent.  Following that Ruling in 2010, no ethical or professional bank would have maintained its garnishee and asset freezing Court Orders against the customer.  But FCMB was not in the slightest bit troubled by any of this.  Despite having been told by a High Court Ruling that its claims of being owed money by the customer were fraudulent, FCMB maintained its financial siege of its customer.  The asset freeze Orders remained and the garnishee Orders remained.  Eventually, in 2012 – three years into the siege – the customer managed to have the garnishee Orders struck out and the asset freeze (Mareva) Orders discharged.  As usual, and so that the facts can speak for themselves, a copy of the Lagos State High Court Ruling is published here.  The suit no. is LD/115/2005.  The Lagos State High Court also admonished FCMB for failing to disclose that the so called debt it had relied upon to obtain the Court Orders was tainted.
• At the end of this 3 year siege without access to any money or assets the customer was only barely alive.  Indeed, in the 12 years the customer has been battling this bank the customer’s stakeholders have suffered severe hardships.  The bank’s merciless financial chokehold has left the customer living from hand to mouth.  The customer has had to struggle to find the millions of Naira necessary to fight the bank’s four bogus libel lawsuits and meet other expenses.  In some cases people associated with the customer (including family of workers) have died because they could not meet medical expenses.  And that is not all.  The customer and its stakeholders have had to contend with all manner of threats and insinuations.  The customer has been “informally advised” it is being “watched” by powerful person(s) in high places.  Bank accounts and telephones have been hacked.
• It is the constitutional right of every Nigerian to have a fair trial.  But to have a fair trial you must first have a lawsuit.  And to have a lawsuit you must have a plaintiff.  A plaintiff must have a lawyer and a lawyer must have his fees paid.  So if a plaintiff does not have money then he will not have a lawsuit and then he will not have his fair trial.  Thus we see the true nature of the bank’s “ethics and professionalism”.  Thus also we see the bank’s belief and conviction that no matter how many times the Courts make a ruling that the customer owes nothing, the bank can simply ignore the ruling, publicly assert its “ethics and professionalism”, repeat what it perfectly well knows to be a lie that the customer owes it money, and then serenely sail on as before.
• A final word.  All can now see that the criminal prosecution of FCMB for theft, forgery and perjury is a simple and undeniable fact.  Aside from this, all can now see that there is not a single one of the “certain claims” by the customer which is not fully backed up by a High Court Ruling.  All can now see whether or not these so called “certain claims” raise matters of libel or sub judice.  And all can now see for themselves who has been prejudiced and who has been denied justice.
• We said before and we say again, the change we all seek in high places must begin.

 

Zumax Nigeria Limited

Management.